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92nd General Assembly

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Public Act 92-0773

HB4948 Enrolled                               LRB9213001DHgcA

    AN ACT in relation to vehicles.

    Be it enacted by the People of  the  State  of  Illinois,
represented in the General Assembly:

    Section  5.  The  Illinois  Vehicle  Code  is  amended by
changing Section 5-401.2 as follows:

    (625 ILCS 5/5-401.2) (from Ch. 95 1/2, par. 5-401.2)
    Sec. 5-401.2.  Licensees required  to  keep  records  and
make inspections.
    (a)  Every  person  licensed  or  required to be licensed
under Section 5-101, 5-101.1, 5-102, 5-301  or 5-302 of  this
Code, shall, with the exception of scrap processors, maintain
for  3 years, in a form as the Secretary of State may by rule
or  regulation  prescribe,  at  his  established   place   of
business, additional place of business, or principal place of
business  if  licensed  under  Section  5-302,  the following
records  relating  to  the  acquisition  or  disposition   of
vehicles  and  their essential parts possessed in this State,
brought into this State  from  another  state,  territory  or
country,  or  sold  or  transferred to another person in this
State or in another state, territory, or country.
         (1)  The following records pertaining to new or used
    vehicles shall be kept:
              (A)  the year, make, model, style and color  of
         the vehicle;
              (B)  the        vehicle's        manufacturer's
         identification   number   or,   if  applicable,  the
         Secretary of State or Illinois Department  of  State
         Police identification number;
              (C)  the date of acquisition of the vehicle;
              (D)  the  name  and  address of the person from
         whom the vehicle was acquired and, if that person is
         a  dealer,  the  Illinois  or  out-of-state   dealer
         license number of such person;
              (E)  the  signature  of  the  person making the
         inspection of  a  used  vehicle  as  required  under
         subsection (d) of this Section, if applicable;
              (F)  the  purchase  price  of  the  vehicle, if
         applicable;
              (G)  the  date  of  the  disposition   of   the
         vehicle;
              (H)  the name and address of the person to whom
         any  vehicle  was  disposed, and if that person is a
         dealer,  the  Illinois  or   out-of-State   dealer's
         license number of that dealer;
              (I)  the  uniform invoice number reflecting the
         disposition of the vehicle, if applicable; and
              (J)  The  sale  price  of   the   vehicle,   if
         applicable.
         (2) (A)  The  following  records  pertaining to used
    essential   parts   other   than   quarter   panels   and
    transmissions of vehicles of the first division shall  be
    kept:
              (i)  the  year,  make, model, color and type of
         such part;
              (ii)  the       vehicle's        manufacturer's
         identification  number,  derivative  number,  or, if
         applicable,  the  Secretary  of  State  or  Illinois
         Department of State Police identification number  of
         such part;
              (iii)  the  date  of  the  acquisition  of each
         part;
              (iv)  the name and address of the  person  from
         whom  the part was acquired and, if that person is a
         dealer, the Illinois or out-of-state dealer  license
         number  of  such person; if the essential part being
         acquired is from a person other than a  dealer,  the
         licensee  shall  verify  and  record  that  person's
         identity  by  recording  the  identification numbers
         from at least two sources of identification, one  of
         which   shall   be   a   drivers  license  or  State
         identification card;
              (v)  the uniform invoice number or out-of-state
         bill of sale number reflecting  the  acquisition  of
         such part;
              (vi)  the   stock   number   assigned   to  the
         essential part by the licensee, if applicable;
              (vii)  the date  of  the  disposition  of  such
         part;
              (viii)  the  name  and address of the person to
         whom such part was disposed of and, if  that  person
         is  a  dealer,  the  Illinois or out-of-state dealer
         license number of that person;
              (ix)  the uniform invoice number reflecting the
         disposition of such part.
         (B)  Inspections of all  essential  parts  shall  be
    conducted in accordance with Section 5-402.1.
         (C)  A   separate   entry   containing  all  of  the
    information required to be recorded in  subparagraph  (A)
    of  paragraph (2) of subsection (a) of this Section shall
    be made  for  each  separate  essential  part.   Separate
    entries  shall be made regardless of whether the part was
    a large purchase acquisition.  In  addition,  a  separate
    entry  shall be made for each part acquired for immediate
    sale or transfer,  or  for  placement  into  the  overall
    inventory  or stock to be disposed of at a later time, or
    for use on a vehicle to  be  materially  altered  by  the
    licensee,  or  acquired  for any other purpose or reason.
    Failure to make a separate entry for each essential  part
    acquired  or  disposed  of, or a failure to record any of
    the  specific  information  required   to   be   recorded
    concerning   the   acquisition  or  disposition  of  each
    essential part  as  set  forth  in  subparagraph  (A)  of
    paragraph  (2)  of  subsection  (a)  shall  constitute  a
    failure to keep records.
         (D)  The   vehicle's  manufacturer's  identification
    number or Secretary of State or  Illinois  Department  of
    State Police identification number for the essential part
    shall  be  ascertained  and recorded even if such part is
    acquired from a person or  dealer  located  in  a  State,
    territory,  or  country  which does not require that such
    information be recorded.  If the vehicle's manufacturer's
    identification number or Secretary of State  or  Illinois
    Department  of  State Police identification number for an
    essential part cannot be obtained, that part shall not be
    acquired  by  the  licensee  or  any  of  his  agents  or
    employees. If such part or parts were physically acquired
    by the licensee or any of his agents or  employees  while
    the licensee or agent or employee was outside this State,
    that licensee or agent or employee was outside the State,
    that  licensee,  agent  or  employee shall not bring such
    essential part into this State or cause it to be  brought
    into  this  State.  The  acquisition or disposition of an
    essential part by a licensee without the recording of the
    vehicle  identification  number  or  Secretary  of  State
    identification number for such part or the transportation
    into the State by the licensee or his agent  or  employee
    of  such part or parts shall constitute a failure to keep
    records.
         (E)  The records of essential parts required  to  be
    kept  by  this Section shall apply to all hulks, chassis,
    frames or cowls, regardless of the age of those essential
    parts.  The records required to be kept by  this  Section
    for  essential parts other than hulks, chassis, frames or
    cowls, shall apply only to those  essential  parts  which
    are  6  model  years of age or newer.  In determining the
    model year of such an essential part it may  be  presumed
    that  the identification number of the vehicle from which
    the essential part  came  or  the  identification  number
    affixed  to  the  essential  part  itself acquired by the
    licensee denotes the model year of that  essential  part.
    This  presumption,  however, shall not apply if the gross
    appearance of the essential part does not  correspond  to
    the  year,  make  or  model  of either the identification
    number of the vehicle from which the  essential  part  is
    alleged  to  have come or the identification number which
    is affixed to the essential part  itself.   To  determine
    whether  an  essential  part  is  6 years of age or newer
    within this paragraph, the model year  of  the  essential
    part  shall be subtracted from the calendar year in which
    the essential part is acquired  or  disposed  of  by  the
    licensee.   If  the remainder is 6 or less, the record of
    the acquisition or disposition  of  that  essential  part
    shall be kept as required by this Section.
         (F)  The requirements of paragraph (2) of subsection
    (a) of this Section shall not apply to the disposition of
    an  essential  part  other  than  a  cowl  which has been
    damaged or altered to a state in which it can  no  longer
    be returned to a usable condition and which is being sold
    or  transferred to a scrap processor or for delivery to a
    scrap processor.
    (3)  the following records for vehicles on which  junking
certificates are obtained shall be kept:
         (A)  the  year,  make, model, style and color of the
    vehicle;
         (B)  the  vehicle's  manufacturer's   identification
    number  or,  if  applicable,  the  Secretary  of State or
    Illinois  Department  of  State   Police   identification
    number;
         (C)  the date the vehicle was acquired;
         (D)  the  name  and  address of the person from whom
    the vehicle was acquired and, if that person is a dealer,
    the Illinois or out-of-state  dealer  license  number  of
    that person;
         (E)  the  certificate  of  title  number  or salvage
    certificate number for the vehicle, if applicable;
         (F)  the junking certificate number obtained by  the
    licensee;  this  entry  shall be recorded at the close of
    business of the fifth second business day after receiving
    the junking certificate;
         (G)  the name and address of the person to whom  the
    junking certificate has been assigned, if applicable, and
    if  that person is a dealer, the Illinois or out-of-state
    dealer license number of that dealer;
         (H)  if the vehicle or any part of  the  vehicle  is
    dismantled for its parts to be disposed of in any way, or
    if  such  parts  are  to  be  used  by  the  licensee  to
    materially  alter  a vehicle, those essential parts shall
    be recorded in the record book for  essential  parts  and
    the  entries  required by paragraph (2) of subsection (a)
    shall be made.
    (4)  The following records for rebuilt vehicles shall  be
kept:
         (A)  the  year,  make, model, style and color of the
    vehicle;
         (B)  the  vehicle's  manufacturer's   identification
    number of the vehicle or, if applicable, the Secretary of
    State    or   Illinois   Department   of   State   Police
    identification number;
         (C)  the date the vehicle was acquired;
         (D)  the name and address of the  person  from  whom
    the vehicle was acquired, and if that person is a dealer,
    the  Illinois  or  out-of-state  dealer license number of
    that person;
         (E)  the salvage certificate number for the vehicle;
         (F)  the newly issued certificate  of  title  number
    for the vehicle;
         (G)  the date of disposition of the vehicle;
         (H)  the  name and address of the person to whom the
    vehicle was disposed, and if a dealer,  the  Illinois  or
    out-of-state dealer license number of that dealer;
         (I)  The sale price of the vehicle.
    (a-1)  A person licensed or required to be licensed under
Section  5-101  or  Section  5-102  of  this  Code who issues
temporary registration permits as permitted by this Code  and
by  rule  must  electronically file the registration with the
Secretary and must maintain records of  the  registration  in
the manner prescribed by the Secretary.
    (b)  A  failure to make separate entries for each vehicle
acquired, disposed of, or assigned, or a  failure  to  record
any  of  the  specific  information  required  to be recorded
concerning the acquisition or disposition of each vehicle  as
set  forth  in  paragraphs (1), (3) and (4) of subsection (a)
shall constitute a failure to keep records.
    (c)  All entries relating to the acquisition of a vehicle
or essential part required by subsection (a) of this  Section
shall  be recorded no later than the close of business on the
seventh calendar day following such acquisition. All  entries
relating to the disposition of a vehicle or an essential part
shall  be  made  at  the  time  of  such disposition.  If the
vehicle or essential part was disposed of on the same day  as
its  acquisition  or the day thereafter, the entries relating
to the acquisition of the vehicle or essential part shall  be
made  at  the  time  of  the  disposition  of  the vehicle or
essential part. Failure to make the entries required in or at
the  times  prescribed  by  this  subsection  following   the
acquisition  or disposition of such vehicle or essential part
shall constitute a failure to keep records.
    (d)  Every person licensed or  required  to  be  licensed
shall,  before  accepting delivery of a used vehicle, inspect
the vehicle to determine whether  the  manufacturer's  public
vehicle  identification  number  has been defaced, destroyed,
falsified, removed, altered, or tampered with in any way.  If
the  person  making  the  inspection  determines   that   the
manufacturer's  public vehicle identification number has been
altered, removed, defaced, destroyed, falsified  or  tampered
with  he  shall  not  acquire  that vehicle but instead shall
promptly notify law enforcement authorities of his finding.
    (e)  The information required to be  kept  in  subsection
(a)  of  this Section shall be kept in a manner prescribed by
rule or regulation of the Secretary of State.
    (f)  Every person licensed or  required  to  be  licensed
shall have in his possession a separate certificate of title,
salvage  certificate,  junking  certificate,  certificate  of
purchase, uniform invoice, out-of-state bill of sale or other
acceptable   documentary   evidence   of  his  right  to  the
possession of every vehicle or essential part.
    (g)  Every person licensed or required to be licensed  as
a transporter under Section 5-201 shall maintain for 3 years,
in  such  form  as  the  Secretary  of  State  may by rule or
regulation prescribe, at his principal place  of  business  a
record of every vehicle transported by him, including numbers
of  or  other  marks of identification thereof, the names and
addresses of persons from whom and to whom  the  vehicle  was
delivered and the dates of delivery.
    (h)  No  later  than  15  days  prior  to  going  out  of
business, selling the business, or transferring the ownership
of  the  business, the licensee shall notify the Secretary of
State that he  is  going  out  of  business  or  that  he  is
transferring the ownership of the business. Failure to notify
under  this  paragraph  shall  constitute  a  failure to keep
records.
    (i)  (Blank) Any person who knowingly fails to  keep  the
records  required  by  this Section or who knowingly violates
this Section shall be guilty  of  a  Class  2  felony.   Each
violation  shall  constitute  a separate and distinct offense
and a separate count may be brought in the same indictment or
information for each vehicle or  each  essential  part  of  a
vehicle  for  which a record was not kept as required by this
Section.
    (j)  A person who knowingly  fails  to  comply  with  the
provisions  of  this  Section  or  knowingly  fails  to obey,
observe, or comply with any order of the Secretary or any law
enforcement agency issued in accordance with this Section  is
guilty of a Class B misdemeanor for the first violation and a
Class A misdemeanor for the second and subsequent violations.
Each  violation  constitutes  a separate and distinct offense
and a separate count may be brought in the same indictment or
information for each vehicle or  each  essential  part  of  a
vehicle  for  which a record was not kept as required by this
Section.
    (k)  Any person convicted of failing to keep the  records
required  by this Section with intent to conceal the identity
or origin of a vehicle or its essential parts or with  intent
to  defraud the public in the transfer or sale of vehicles or
their essential parts is guilty of a  Class  2  felony.  Each
violation  constitutes  a separate and distinct offense and a
separate count may be  brought  in  the  same  indictment  or
information  for  each vehicle or essential part of a vehicle
for which a record was not kept as required by this Section.
    (l)  A person may  not  be  criminally  charged  with  or
convicted  of  both  a  knowing  failure  to comply with this
Section and a knowing failure to comply with  any  order,  if
both offenses involve the same record keeping violation.
    (m)  The   Secretary  shall  adopt  rules  necessary  for
implementation  of  this  Section,  which  may  include   the
imposition of administrative fines.
(Source: P.A. 91-415, eff. 1-1-00.)

    Section  99.  Effective date.  This Act takes effect upon
becoming law.
    Passed in the General Assembly May 29, 2002.
    Approved August 06, 2002.
    Effective August 06, 2002.

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